12 July,2011 06:31 AM IST | | Sheetal Sukhija
Almost a year after investigating the death of a pregnant woman and her unborn child, the CID has finally filed a charge sheet naming the hospital, two doctors and attendants for negligence
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A case, which had medical and legal communities in the city locking horns, is finally nearing a logical end.
The Dalal family was expecting good news on April 16, 2010, but was suddenly plunged into a nightmare because of alleged negligence on the part of two senior doctors at the Santosh Hospital in Coles Park, where a pregnant Kapali Patne (35) was to deliver her baby.
Not our fault: Despite serious charges being filed, the hospital continues
to refute the allegations.
The death of Kapali and her unborn child has been under investigation by the CID for almost a year now and a charge sheet naming the hospital, two senior doctors, ward boys and nurses has finally been filed. While Kapali's husband, Parikshith Dalal is quite confident that though justice has been delayed, it surely would not be denied. The hospital on the other hand, still maintains a firm stand and is seeking for cross-examination of the doctor who conducted the autopsy on the mother and unborn child.
Serious charges
Gynecologist Dr Indira Rao, Anesthetist Dr P Ashok and four attendants have been booked under Section 304 A (death by negligence), Section 315 (act done with intent to prevent child being born alive, or to cause it to die after birth) and Section 201 (disappearance of evidence of offence). Despite these serious charges being filed, the hospital continues to refute the charges.
Advocate N C Mohan, who is representing the hospital claimed, "The case is at a crucial stage. Our stance is clear -- we want to cross-examine the doctor who conducted the autopsy. We would think this case is fair only after Dr Bheemappa Havanur would be examined."
Raising questions
Meanwhile, the Karnataka Medical Council (KMC) has been conducting separate investigations into the case. Kapali's family however, argues that when the highest investigative body of the city has concluded that the hospital was at fault, why is the KMC not suspending the doctors? "The KMC can continue their enquiry into the case, but the CID has conducted a fool proof investigation," said Parikshith, Kapali's husband.
"Six leading doctors from the state have also filed their report and the report concurs with the findings of the CID. There is strong case in place here. What I fail to understand is why haven't these doctors been suspended yet? Though there is a provision in the Indian Medical Act to suspend a doctor even while enquiry is ongoing, it has not been done," he argued.
The Chief Medical Officer of the hospital, Sharieff retorted saying, "The matter is in court and we are awaiting the KMC enquiry report to deal with this in a better way." The CID meanwhile has maintained a tough stand and the team of investigative officers have resolved to punish the guilty.
The case
Kapali was admitted to the Santosh Hospital on April 16, 2010 for delivery. However, she was declared dead shortly after and going by the post mortem report, the victim was dropped to the ground while being transferred onto the operating table. The hospital, on the other hand, claimed that she died because of an heart attack brought on by an allergic reaction to anesthesia.
Post mortem report filed by Bheemappa Havanur, senior Government doctor:
> Death was caused due to shock and hemorrhage as a result of injury to the pelvis
> Injuries due to a fall from a considerable height during labour
> There were multiple injuries to the left side of Kapali's body
> Her sacroiliac joint and several ribs were fractured
